Onestop Metal Recycling (Tas) Pty Ltd

[2024] FWCA 2983

[2024] FWCA 2983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Onestop Metal Recycling (Tas) Pty Ltd

(AG2024/2645)

ONESTOP METAL RECYCLING (TAS) PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 13 AUGUST 2024

Application for approval of the OneStop Metal Recycling (Tas) Pty Ltd Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the OneStop Metal Recycling (Tas) Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Onestop Metal Recycling (Tas) Pty Ltd. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clause 5.6 and 6.2(2) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting undertakings referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and in accordance with s.54, will operate from 20 August 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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<AE525793 PR778289>

Annexure A